Terms and Conditions
The General Terms and Conditions described below are mandatory and binding, and those who do not accept its clauses in a comprehensive manner must refrain from using the services, the portal, the site and/or any services offered by MATCHDAY AUCTIONS.
This document refers to the terms and conditions (the “Terms and Conditions”) applicable to the use of the services offered by MATCHDAY AUCTIONS (hereinafter “MATCHDAY”), within the MATCHDAYAUCTIONS.COM website (the “site”)
Any person, human or legal (“User”) who wishes to access and/or use the site and its services may do so, subject to these Terms and Conditions, along with all the other policies and principles that govern MATCHDAY and that are incorporated herein, prior to your registration as a User of MATCHDAY, expressly accepting the reception of the same and all other information, by digital and/or electronic means.
The User declares to have read, understood, and accepted the Terms and Conditions and the rest of MATCHDAY policies, along with the scope of each of its terms.
1º Capacity:
Services are exclusively available for people who are legally competent to enter into a contract. Services are not available for people who do not have this capacity, nor for minors.
If a User registers as a Company/Society, he must have the capacity to contract on behalf of such entity and to bind it in the terms of this Agreement by presenting the corresponding documentation.
2º Registration:
The User must complete all the fields in the registration form with valid information to be able to use the service provided by MATCHDAY. The User must complete the form with exact, precise, and true personal information (“Personal Information”) and accepts the commitment to update his Personal Information if necessary. The User agrees for MATCHDAY to use various means to identify and/or confirm his Personal Information, the User accepts the obligation to review them and keep them updated. MATCHDAY is not responsible for the Users’ Personal Information accuracy. Users guarantee and respond, in any case, for the veracity, accuracy, validity and authenticity of their Personal Information.
MATCHDAY reserves the right to request from the User any proof and/or additional information in order to corroborate the Personal Information, as well as to temporarily or permanently suspend those Users whose information could not be confirmed. In these cases of disqualification, the offers made will be canceled, without generating any right to compensation.
The User will access his MATCHDAY personal account (“Account”) by entering his username and his chosen personal security password (“Security Password”). The User is responsible for maintaining the confidentiality of his Security Password. The Accounts are personal, unique, and not transferable, and the same User can not register or own more than one Account. In the event that MATCHDAY detects different Accounts that contain matching or related information, may cancel, suspend or disable those accounts.
The User will be responsible for all the operations carried out in his Account. Access to it is restricted to the login and use of his Security Password that is known only by the User. The User agrees to immediately notify MATCHDAY, by suitable and reliable means, of any unauthorized use of his Account, as well as any login by unauthorized third parties to it. The sale, assignment or transfer of the Account is totally prohibited.
MATCHDAY reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision, and without generating any right to compensation.
Bidders First Access: For verification purposes, users who have not participated in any sale or auction associated to MATCHDAY must complete their personal information, including a cellphone number, to which a validation code will be sent in order to correctly finish the registration.
The information is sent for the user knowledge and with validation purposes only; and it will be treated under strict security and confidentiality measures. Failure to comply with these steps may inhibit The User´s capacity to finish the registration and, therefore, to auction any item and/or garment.
Registration approval: MATCHDAY, in its sole and absolute discretion, reserves the right to approve or reject Bidders for its auctions at any time. MATCHDAY is under no obligation to accept his request for registration.
Registration time limit: Once your registration is approved through the MATCHDAY website, your registration will work for any auction that is carried out under the MATCHDAY´s management. And it will only be modified if it is requested or ordered by the Auction.
2.1 User´s registration disqualification or suspension policies:
At MATCHDAY we seek to maintain a secure community, where Users can confidently operate. For this purpose, it is essential that all Users keep a proper behavior, suitable with what is expressed in the General Terms and Conditions that they accept at their register.
If there are suggestions or unusual situations or attitudes from a User that directly or indirectly tries to harm others through irregular operations or circumstances, MATCHDAY may suspend him or even permanently disable him to operate on the site.
Notwithstanding the foregoing, MATCHDAY also reserves the right to hand in to the corresponding competent authorities all the information regarding this user as well as his operations.
As an exemplification, the following circumstances, which are not exhaustive, are mentioned: duplicated accounts, breach of purchase agreement, irregular operations, inappropriate language, repeated use of prohibited techniques, being a minor, an error in the email account or with the registered cellphone number.
3º Agreement modifications:
General Terms and Conditions could be modified by MATCHDAY at any time, by making public the modified terms on the Site. All modified terms will come into force 5 (five) business days after their publication. These modifications will also be announced by MATCHDAY to its users through the email account they have registered.
Any user who does not agree with the changes made by MATCHDAY may request to close the account.
4º Items for sale:
The selling User offers the goods for sale and will coordinate with MATCHDAY publications may include descriptive texts, graphics, photographs and other content and conditions relevant to the sale and/or auction of the property, provided that they do not violate any provision of this agreement or other policies of MATCHDAY It is established that the prices of the published goods are expressed in US dollars.
5º Information Confidentiality:
Users must provide certain personal information for using the Services offered by MATCHDAY. This information is processed and stored on servers or on magnetic means that uphold high security and protection standards, both physical and technological.
They are protected according to current regulations on the protection of personal information.
6º User’s obligations:
6.1 Buyer´s obligations:
During the established period, the interested Users will make offers of direct purchase or at auction, accordingly, for the products offered by the seller User. The sale offers finish after the publication deadline.
If a Buyer has made an offer for an item and has won it, he must contact MATCHDAY, complete the operation and close it. The Buyer User who is the winner of the auction will receive an email with instructions to contact MATCHDAY and make the payment.
By bidding for a good, the User agrees to be bound by the conditions of sale and/or auction included in the publication, to the extent that they do not violate the laws or the General Terms and Conditions and other policies of MATCHDAY. The offer to purchase a property is irrevocable except in exceptional circumstances to be evaluated by MATCHDAY.
Purchase and/or auction offers will only be considered valid once they have been processed by the MATCHDAY computer system.
7º Prohibitions:
Users can not: (a) manipulate the prices of the items; (b) maintain any type of communication by any other means than the messaging services offered by MATCHDAY (including emails, social networks, WhatsApp, etc.), neither during the offer of the item or after it, (c) share his personal information or the personal information of other users through the media (including but not limited to: Twitter, Facebook and/or any other social network); (d) accept personal information provided by other users through any means of communication (including but not limited to: Twitter, Facebook and/or any other social network);
This type of activity may be sanctioned with the suspension or cancellation of the offer and even of your registration as a user of MATCHDAY and/or in any other way that it deems pertinent, without prejudice to the legal actions that it may give rise to due to the configuration of crimes or misdemeanors or the civil damages that it may cause to the bidding users.
8º System or Databases violations:
Any action or use of a device, software, or other means with the intention of interfering both with the activities and operations of MATCHDAY and with the offers, descriptions, accounts or databases of MATCHDAY are not allowed. Any interference, attempt or activity violating or contrary to the laws on intellectual property rights and/or to the prohibitions stipulated in these Terms and Conditions will make the responsible person object of the pertinent legal actions, and of the sanctions provided in this agreement. He will also be responsible for compensating the damages caused.
9º Sanctions. Operations suspension:
Without prejudice to other measures, MATCHDAY may warn, temporarily or permanently suspend a User’s Account, initiate the actions it deems pertinent and/or suspend the provision of its Services if (a) any law is broken, or any of the stipulations of the General Terms and Conditions and other policies of MATCHDAY; (b) if you breach your commitments as a User; (c) if, at MATCHDAY’s discretion, fraudulent or fraudulent conduct or acts are incurred; (d) the identity of the User could not be verified or any information provided by the User was erroneous.
10º System failures:
MATCHDAY is not responsible for any damage, loss or disadvantage caused to the User by system failures, the server or the Internet connection. MATCHDAY will not be responsible for any virus that could infect the User’s computer as a direct or indirect consequence of the access, use or examination of website, or as a result of any transfer of information, files, images, texts, or audios contained therein or reproduced from external servers.
Users will NOT be able to attribute any responsibility or demand payment for profits loss, by virtue of damages resulting from technical difficulties or system failures or Internet failures. MATCHDAY does not guarantee continued or uninterrupted access and use of its website. he system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond MATCHDAY reach. In such cases, an attempt will be made to restore it as quickly as possible without any type of responsibility being attributed to MATCHDAY, for this reason will not be responsible for any errors or omissions on its website.
11º Rates. Billing:
The Seller User will only have to pay MATCHDAY a cost for the sale and/or auction when the operation is completed, and the conditions, prices, bases, etc. will be defined in a different document (“CONSIGNMENT CONTRACT”)
Regarding the Buyer User, MATCHDAY will send an email to the auction winner within 5 business days after the agreed payment and bill have been made.
MATCHDAY reserves the right to take the judicial and extrajudicial measures it finds pertinent to obtain the payment of the amount due by the buyer user.
MATCHDAY reserves the right to modify, change, add, or eliminate the current rates, at any time, this change will be notified to the Users, in the established manner in Clause 3. However, MATCHDAY may temporarily modify the Rate Policy and the rates for its services due to special offers. These modifications will be effective the moment the offer is made public, or the announcement is made.
In the case of charges that should not have been billed, the user must contact the MATCHDAY team to emend the issue.
12º Intellectual property. License. Links:
MATCHDAY reserves all rights, including intellectual and industrial property rights associated with MATCHDAY services, its website, its screens contents, programs, databases, networks, codes, development, software, architecture, hardware, content, information, technology, integration phases, functionalities, domains and files that allow the User access the site and create his Account, sales tools, trademarks, patents, copyrights, industrial designs and models, commercial names, among others, and declares that they are protected by current national and international laws.
In any case will be understood that the User has any rights over these items except to the use of the MATCHDAY service in accordance with the stated on these General Terms and Conditions. Improper use, contrary to current regulations of MATCHDAY‘s intellectual and industrial property rights, as well as its total or partial reproduction, is prohibited, unless explicit authorization in writing by MATCHDAY.
Users can not announce that the products they offer are sponsored, promoted, produced, offered and/or sold by MATCHDAY and must refrain from performing any act that could damage its reputation, or decrease the intellectual and industrial property right values of MATCHDAY.
13º Indemnity:
The User will keep MATCHDAY, as well as its shareholders, representatives and/or employees, free from any claim made by other Users, third parties or by any Organization, regarding his activities on the Site, the compliance and/or non-compliance with the General Terms and Conditions or other Policies, as well as regarding any violation of laws or third parties rights.
To this end, the User authorizes MATCHDAY to: i) intervene and represent you in said claims, being able to enter into the transactional agreements that you deem appropriate and that tend to avoid higher costs and/or avoid eventual contingencies without limitation, in your name and on your behalf; ii) retain existing and/or future funds to recover any expenses incurred in relation to the assumptions of the previous paragraph, which may include, among others, the fees of the intervening lawyers and legal costs in a reasonable amount, and/or iii) generate specific debits in your billing.
14º Special procedure on Auctions, Bids, Payments:
14.1 Auction and Bid:
Auction:
Each carried out auction will correspond with a particular item or with a selected set of sporting items (in this case, a “Lot”) on a designated date. The item or lot may be provided by MATCHDAY or by whoever had previously contacted MATCHDAY requesting its services (seller or consignee)
Each item or lot has its description sheet, its starting time and its specific exposure period. The exposure period may vary between 10 to 35 days. It will be posted on the domain matchdayauctions.com (the “Service”) or, also, in a presentation of each article on social media. During this period of activity, bids can be made, there will be an online register of the amounts approved in each “Lot” as a “offers history” available to every user. A 20% commission, to be paid by the buyer, must be added to the price of the auctioned item, this commission will be in benefit of MATCHDAY.
If additional information on any product and/or lot is required, the interested party may request it directly to MATCHDAY through the several contact channels available.
Once the final auction begins, each lot will go live via streaming (“specialized auction software”) and may eventually have a physical auctioneer leading each “lot” if so, determined by MATCHDAY. Likewise, alternative procedures may be used that do not involve a live transmission, like bidding through the website for a specific time period.
Bids and Rules:
From the beginning of the final auction, each garment and/or item will have an automatic, regressive and visible counter. During that period, new bids may be added, above those already made in the previous period of exposure.
If a new offer is made within the last 3 minutes prior to the closing of the auction, the deadline will be extended for 3 more minutes, this situation will be initially notified by MATCHDAY on the website.
If any bidder bids again within the last 3 minutes prior to the end, the total time of the auction will only be extended for 3 more minutes. In all the cases, the total period extended each of the times can never exceed the 5 minutes and 59 seconds.
These resets will be indefinite until no more bids enter for that item within the last 3 minutes and time runs out, declaring the highest bidder the winner.
Bids cannot be made for lower amounts than the minimum bid that appears on the auction platform.
When placing a new bid, this will be displayed for being the current highest bid for that particular item. Each bid in an auction automatically increases the last bid amount by 10% (ten percent). Likewise, bids can be made manually, in these cases the amount cannot be less than the 10% of the last amount offered. In that case, the system will suggest the bidder the correct approximate amount.
The final auction will end once the last bid has been closed without new bids having entered during the last 3 minutes.
14.2 Disputes between bidders:
For auctions, MATCHDAY will have the final discretion should any dispute arise between Bidders. The Auctioneer will determine the winning Bidder, he can cancel the sale or re-offer and resell the product, lot or lots in dispute.
14.3 Online offers:
Our online auction software requires high-speed internet connection to access the Service effectively. The Service is subject to limitations, delays, incompatibility of different browsers and/or operating systems and other problems inherent to the use of internet and electronic communications, as mentioned above. MATCHDAY is not responsible for any delay, failure to deliver, or other complication resulting from such problems.
14.4 Acceptance:
Any registration in MATCHDAY automatically generates the responsibility of that person to accept these Terms and Conditions. In the event of generating offers or bids on behalf of an entity or legal person, it is understood that such entity takes responsibility.
14.5 Payments and Obligations:
14.5.1 Payments:
By submitting an offer, the User accepts and is aware that it is an offer to buy items for the price specified in their offer and that once the offer has been submitted, it cannot be withdrawn. The winning bidder will be obliged to complete the payment. He will be notified that his bid has been the winner at the end of the auction.
The payment will be coordinated privately, between MATCHDAY and the Buyer User, and it may be done via wire transfer or by any payment platform such as PayPal or Payonner, among others.
The total amount of the payment will be notified. It will include a 20% commission in favor of MATCHDAY (calculated on the amount of the final bid) for the service and auction management of each product or lot. IT DOES NOT INCLUDE: shipping, insurance and sales tax, if applicable. For payments via platforms such as Paypal, Payoneer or similar, an additional percentage of ten percent (14%) will be charged. That percentage may vary according to what is stipulated in the following point.
14.5.2 Payment methods:
According to the mentioned above, payment methods are PayPal, Payoneer or through wire transfers. It should be taken into consideration that the different payment methods may involve additional charges, which must be paid by the buyer. It is recommended to learn about these details before auctioning.
The final amount that the sale of the product generates is the net amount that MATCHDAY will report on its site. A 20% commission, to be paid by the buyer, must be added to the price of the auctioned item, this commission will be in benefit of MATCHDAY.
14.5.3 Interests:
MATCHDAY reserves the right to charge a monthly 2% interest on overdue or unpaid balances from the auction end date onwards.
14.5.4 Exclusive payment terms:
MATCHDAY reserves the right to grant extended periods if it is accorded together with the buyer. Any special period must be agreed prior to the bid, it will not be considered valid if this last requirement is not met, having the Buyer the obligation to pay the auctioned item according to the terms originally stated.
14.5.5 Shipping:
The shipping, packaging, freight, or insurance costs will be quoted by MATCHDAY, and they will be recognized by the Buyer User as an additional amount to pay. These costs will be added to all invoices.
Most of the auctioned items will be shipped via DHL, FED EX, or National Post, depending on the locations. All shipments will have tracking and signature confirmation. Delays will be the sole responsibility of the transport companies.
The shipment should be received within the next 10 business days after the corresponding bid lot payment has been generated and registered.
14.5.6 Foreign taxes:
Certain countries, regions, states or municipalities may be subject to additional charges. It will be the buyer’s responsibility to know his local regulations. In the case of shipments to Florida, USA, local sales taxes will be charged to the buyer unless he had provided a Florida tax exempt resale certificate.
14.5.7 Returns:
All products and/or lots are sold under the conditions indicated in each description. All sales are final. There are no returns. No refunds are given.
14.5.8 Authenticity:
The origin of the items offered may include certificates generated by MATCHDAY, or external certifications that are also validated by MATCHDAY.
In the case of having graphic or visual material related to the item that adds value to the garment, they will be attached to the offer. The research done on the legitimacy of each item prior to the auctions is the differential that sets MATCHDAY apart.
15º Electronic address:
If you should have any questions about the General Terms and Conditions or any other policies and principles that govern MATCHDAY, you can contact us by email: [email protected].
16º Specific Terms for Protected Auctions:
16.1 Access to bidding through Security Deposit:
Those interested in bidding in the auction shall constitute a monetary guarantee equivalent to 5% (five percent) of the base value established for each item in the current currency of the auction (U.S. dollars)
These amounts in guarantee must be made by bank transfer to the destination account specified by MATCHDAY, or in cash in U.S. dollars.
The deposits in guarantee (made through bank transfer) without exception must be made in advance, so that MATCHDAY can verify its veracity up to 72 working hours before the end of the auction. These users will be enabled to bid in the Protected Auctions when the funds are credited to the destination bank account. Cash deposits will enable the user to bid immediately.
The Bid Security will be refunded to those who have not been pre-awarded lots, within a period of up to 14 working days, counting from the date of completion of the Online Auction, by electronic bank transfer (or cash depending on how it has been done)
Those interested in bidding in Protected Auctions may use their MATCHDAYcustomer account, or create one (in case they do not have one) and then request through our formulario de contacto, (selecting the option: “I want to know about Protected Auctions“), to be sent the detailed procedure to follow to be able to enter them.
The communication for MATCHDAY‘s response may be by email, telephone or Whatsapp (according to what the client expresses that is more comfortable for him/her)
The winner will have up to 2 (Two) business days, counting from the electronic notification to the bidder that he/she has been pre-awarded the auction, to complete the payments corresponding to the lot(s) won. Only payments by bank transfer or cash will be accepted for Protected Auctions. If the buyer does not make the payments within the established term, he shall forfeit the amounts paid as a surety bond, as well as all rights on what was awarded to him during the course of the auction.
16.2 Development of the electronic bidding in Protected Auctions:
On the date and at the time indicated, the bidding of bids shall begin through the website.
Once the auctions have been activated, the clients who are authorized to bid in the Protected Auctions* will be able to enter and bid normally (having logged in from their user account)
This private login will be notified at each visit to the auctions in question.
Bids may only be placed through the website, via our auctions page.
All bids placed are IRREVOCABLE and IRRETRACTABLE.
The bids cannot be cancelled and/or annulled in any case, being rejected only when outbid by another bidder.
In the aforementioned procedure the bidders will be able to observe in real time the evolution of the bids made, in amount and position.
At the conclusion of the auction, the winner must carry out the process of COMPLETING YOUR PURCHASE, which ENSURES the confirmation and acceptance of the items or services awarded. In the event that said process is not carried out BY THE WINNER HIMSELF (or his/her legal representative) within 24 hours after the end of the corresponding auction, the winning bid will be immediately cancelled. In this case, the bidder occupying the position immediately below in the list of bids shall be considered the new winner.
It is essential to note that failure to complete the purchase process within the specified time limit will result in forfeiture of the winning bid. In addition, the participant will forfeit any surety bond that was provided as a requirement to participate in the auction.
About Payments at Protected Auctions: Only payments by bank transfer or cash will be accepted for Protected Auctions.
(*) To qualify for Protected Auctions, please refer to point 16.1.
The use of the site and/or its services implies the acceptance of these General Terms and Conditions of use of MATCHDAY.
